Bill Text: MS HB1196 | 2019 | Regular Session | Introduced
Bill Title: "The Bail Reform Act of 2019"; create.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB1196 Detail]
Download: Mississippi-2019-HB1196-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary B
By: Representatives Byrd, Horan
House Bill 1196
AN ACT TO CREATE "THE BAIL REFORM ACT OF 2019"; TO PROVIDE DEFINITIONS FOR SUCH ACT; TO PROVIDE WHEN RELEASE ON BAIL SHALL BE AUTHORIZED; TO PROVIDE CONDITIONS FOR RELEASE; TO AUTHORIZE TEMPORARY DETENTION FOR REVOCATION OF RELEASE; TO PROVIDE FOR DETENTION AND DETENTION HEARINGS; TO PROVIDE FACTORS FOR CONSIDERATION; TO PROVIDE FOR THE CONTENTS OF RELEASE AND DETENTION ORDERS; TO PROVIDE FOR RELEASE OR DETENTION PENDING SENTENCE AND APPEAL; TO PROVIDE FOR THE ARREST OF PERSONS; TO PROVIDE FOR THE REVIEW OF RELEASE ORDERS AND APPEALS THEREFROM; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROVIDE FOR SANCTIONS AND REVOCATION OF RELEASE; TO PROVIDE FOR SURRENDER OF AN OFFENDER BY A SURETY; TO AMEND SECTIONS 99-5-11, 99-5-13, 99-5-15, 99-5-25, 99-5-27, 99-5-31, 99-5-33, 99-5-35, 99-5-37, 99-5-38, 99-5-39, 99-35-1, 99-35-3, 99-35-5, 99-35-7, 99-35-9, 99-35-11, 99-35-13, 99-35-101, 99-35-103, 99-35-109, 99-35-111, 99-35-113, 99-35-115, 99-35-117, 99-35-119 AND 99-35-129, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and cited as "The Bail Reform Act of 2019."
SECTION 2. (1) The following words shall have the meanings ascribed herein, unless the context indicates otherwise:
(a) "Bail" means a monetary amount for or condition of pretrial release from custody, normally set by a judge at the initial appearance.
(b) "Cash deposit bond" means an appearance bond secured by deposit with the clerk of security, in the form of a cash deposit or certified funds, in an amount set by the judge.
(c) "Personal recognizance" means release of a defendant without any condition relating to a deposit of any financial or monetary security.
(d) "Unsecured appearance bond" means an undertaking to pay a specified sum of money to the clerk of the circuit, county, justice, or municipal court, for the use of the State of Mississippi or the municipality, on the failure of a person released to comply with its conditions.
(e) "Secured appearance bond" means an appearance bond secured by deposit with the clerk of security equal to the full amount thereof.
(f) "Surety" means someone, other than the person seeking release, who executes an appearance bond, and is therefore bound to pay its amount, if the person released fails to appear for any proceeding as ordered by the court.
SECTION 3. (1) A judicial officer authorized to order the arrest of a person shall be empowered to order that such person be released or detained, pending judicial proceedings, under this act.
(2) A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of an appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under this act.
SECTION 4. (1) Upon the appearance of the accused before a judicial officer, the judicial officer shall issue an order that, pending trial, the person be:
(a) Released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (2) of this section;
(b) Released on a condition or combination of conditions under subsection (3) of this section;
(c) Temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (4) of this section; or
(d) Detained under subsection (5) of this section.
(2) The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime punishable by more than five (5) years in the Mississippi Department of Corrections or a felony crime during the period of release, the judicial officer may order a that the accused cooperate in the collection of a DNA sample if the collection of such a sample is authorized by law. If the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community, the judicial officer shall then order the accused to be held without bond or require a secured bond or impose certain conditions of bond to ensure the appearance of the accused and the safety of the public.
(3) (a) If the judicial officer determines that the release described in subsection (2) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of another person or the community, such judicial officer shall only order the pretrial release of the person, subject to:
(i) The condition that the person not commit a felony as defined in Article 29 of the Mississippi Constitution during the period of release and cooperate in the collection of a DNA sample from the person, if the collection of such a sample is otherwise authorized by law; and
(ii) Any other least restrictive additional condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and not endanger the safety of any other person and the community, which may include the condition that the person:
1. Remain in the custody of a designated person, who agrees to assume supervision and to report any violation of a release condition to the court, if the designated person is reasonably able to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community;
2. Maintain employment, or, if unemployed, actively seek employment;
3. Maintain or commence an educational program;
4. Abide by specified restrictions on personal associations, residency and housing, or travel;
5. Avoid all contact with an alleged victim of the crime unless allowed to do so by a court of competent jurisdiction;
6. Report on a regular basis to a designated law enforcement agency, pretrial services agency, or other agency;
7. Comply with a specified curfew;
8. Refrain from excessive use of alcohol, or any use of a narcotic drug or other controlled substance without a prescription by a licensed medical practitioner;
9. Undergo available medical, psychological, or psychiatric treatment, including treatment for drug or alcohol dependency, and remain in a specified institution if required for that purpose;
10. Execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial office may require;
11. Execute a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety's property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;
12. Return to custody for specified hours following release for employment, schooling, or other limited purposes; and
13. Satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community. In any case that is punishable by life imprisonment, or that involves a minor victim or a failure to register as a sexual offender, any release order may contain, at a minimum, a condition of electronic monitoring and each of the conditions specified in items 4, 5, 6, 7 and 8.
(b) The judicial officer may not impose a financial condition that results in the pretrial detention of the person.
(c) The judicial officer may at any time upon a hearing on the matter amend the order to impose additional or different conditions of release.
(4) The judicial officer shall order the detention of the accused before trial if such officer determines that such person:
(a) Is, and was at the time the offense was committed:
(i) Released pending trial for a felony under federal, state, or local law;
(ii) Released pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal, state, or local law;
(iii) On probation or parole for any offense under federal, state, or local law; or
(b) Such person may flee or pose a danger to any other person or the community;
(5) The judicial officer shall, in determining whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of any other person and the community, take into account the available information concerning:
(a) The nature and circumstances of the offense charged, including whether the offense is a crime of violence, a sex crime, a crime of terrorism, or involves a minor victim or a controlled substance, firearm, explosive, or destructive device;
(b) The weight of the evidence against the person;
(c) The history and characteristics of the person, including:
(i) The person's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings; and
(ii) Whether, at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal, state, or local law; and
(d) The nature and seriousness of the danger to any person or the community that would be posed by the person's release. In considering the conditions of release described in this section, the judicial officer may upon his own motion, or shall upon the motion of the state, conduct an inquiry into the source of the property to be designated for potential forfeiture or offered as collateral to secure a bond, and shall decline to accept the designation, or the use as collateral, of property that, because of its source, will not reasonably assure the appearance of the person as required.
(6) In a release order issued under subsection (2) or (3) of this section, the judicial officer shall:
(a) Include a written statement that sets forth all the conditions to which the release is subject, in a manner sufficiently clear and specific to serve as a guide for the person's conduct; and
(b) Advise the person of the penalties for violating a condition of release, including the penalties for committing an offense while on pretrial release.
(7) In a detention order issued under subsection (4) of this section, the judicial officer shall:
(a) Include written findings of fact and a written statement of the reasons for the detention;
(b) Direct that the person be committed for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal;
(c) Direct that the person be afforded reasonable opportunity for private consultation with counsel; and
(d) Order that trial be set within ninety (90) days, or return the accused to the judicial officer so that said judge can determine if pretrial release is appropriate.
(8) Nothing in this section shall be construed as modifying or limiting the presumption of innocence.
SECTION 5. (1) (a) Except as provided in paragraph (b) of this subsection, the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable law does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under Section 4(2) or (3) of this act. If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with Section 2(2) or (3) of this act.
(b) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (i), (ii), or (iii) of subsection (6)(a) of Section 4 of this act and is awaiting imposition or execution of sentence be detained unless:
(i) 1. The judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
2. An attorney for the state has recommended that no sentence of imprisonment be imposed on the person; and
(ii) The judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
(2) (a) Except as provided in paragraph (b) of this subsection, the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under Section 4(2) or (3) of this act.
If the judicial officer makes such findings, such judicial officer shall order the release of the person in accordance with Section 4(2) or (3) of this act, except that in the circumstance described in subparagraph (ii)4 of this paragraph, the judicial officer shall order the detention terminated at the expiration of the likely reduced sentence.
(b) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (i), (ii), or (iii) of subsection (6)(a) of Section 4 of this act and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained.
(3) The judicial officer shall treat a defendant in a case in which an appeal has been taken, in accordance with this act, unless the defendant is otherwise subject to a release or detention order. Except as provided in subsection (2) of this section, the judicial officer, in a case in which an appeal has been taken, shall:
(a) If the person has been sentenced to a term of imprisonment, order that person detained; and
(b) In any other circumstance, release or detain the person under Section 4 of this act.
SECTION 6. If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of Section 4 of this act. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken.
SECTION 7. (1) If a person is ordered released by a judge, or by a person other than a judge of a court having original jurisdiction over the offense:
(a) The attorney for the state may file, with the court having original jurisdiction over the offense, a motion for revocation of the order or amendment of the conditions of release; and
(b) The person may file, with the court having original jurisdiction over the offense, a motion for amendment of the conditions of release.
The motion shall be determined promptly.
(2) If a person is ordered detained by a judge, or by a person other than a judge of a court having original jurisdiction over the offense, the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order. The motion shall be determined promptly.
(3) An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order shall be determined promptly. A person subject to detention pursuant to Section 5(1)(b) or (2)(b) of this act, and who meets the conditions of release set forth in Section 5(1)(a) or (2)(a) of this act, may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person's detention would not be appropriate.
SECTION 8. (1) Whoever, having been released under this act knowingly:
(a) Fails to appear before a court as required by the conditions of release; or
(b) Fails to surrender for service of sentence pursuant to a court order; shall be punished as provided in subsection (2) of this section.
(2) (a) The punishment for an offense under this section is:
(i) If the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for:
1. An offense punishable by death, life imprisonment, or imprisonment for a term of fifteen (15) years or more, a fine or imprisonment for not more than ten (10) years, or both;
2. An offense punishable by imprisonment for a term of five (5) years or more, a fine or imprisonment for not more than five (5) years, or both;
3. Any other felony, a fine under this title or imprisonment for not more than two (2) years, or both; or
4. A misdemeanor, a fine or imprisonment for not more than one (1) year, or both; and
(ii) If the person was released for appearance as a material witness, a fine under this act or imprisonment for not more than one (1) year, or both.
(b) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense.
(3) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.
(4) If a person fails to appear before a court as required, and the person executed an appearance bond pursuant to Section 4(2) of this act or is subject to the release condition set forth in Section 4(3)(a)(ii) of this act, the judicial officer may, regardless of whether the person has been charged with an offense under this section, declare any property designated pursuant to that section to be forfeited to the state.
SECTION 9. A person convicted of an offense committed while released under this act shall be sentenced, in addition to the sentence prescribed for the offense, to:
(a) A term of imprisonment of not more than ten (10) years if the offense is a felony; or
(b) A term of imprisonment of not more than one (1) year if the offense is a misdemeanor.
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
SECTION 10. (1) A person who has been released under Section 2 of this act, and who has violated a condition of his release, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court.
(2) The attorney for the state may initiate a proceeding for revocation of an order of release by filing a motion with the circuit court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person's arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a crime during the period of release, shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer:
(a) Finds that there is:
(i) Probable cause to believe that the person has committed a crime while on release; or
(ii) Clear and convincing evidence that the person has violated any other condition of release; and
(b) Finds that:
(i) Based on the factors set forth in Section 4(7) of this act, there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or
(ii) The person is unlikely to abide by any condition or combination of conditions of release.
If there is probable cause to believe that, while on release, the person committed a felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of Section 2 of this act and may amend the conditions of release accordingly.
(3) The judicial officer may commence a prosecution for contempt if the person has violated a condition of release.
SECTION 11. A person charged with an offense, who is released upon the execution of an appearance bond with a surety, may be arrested by the surety, and if so arrested, shall be delivered promptly to a law enforcement officer and brought before a judicial officer. The judicial officer shall determine in accordance with the provisions of Section 10(2) of this act whether to revoke the release of the person, and may absolve the surety of responsibility to pay all or part of the bond. The person so committed shall be held in official detention until released pursuant to this act or another provision of law.
SECTION 12. Section 99-5-11, Mississippi Code of 1972, is amended as follows:
99-5-11. (1) Except as otherwise provided in Sections 1 through 11 of this act, all justice court judges and all other conservators of the peace are authorized, whenever a person is brought before them charged with any offense not capital for which bail is allowed by law, to take the recognizance or bond of the person, with sufficient sureties, in such penalty as the justice court judge or conservator of the peace may require, for his appearance before the justice court judge or conservator of the peace for an examination of his case at some future day. And if the person thus recognized or thus giving bond fails to appear at the appointed time, it shall be the duty of the justice court judge or conservator of the peace to return the recognizance or bond, with his certificate of default, to the court having jurisdiction of the case, and a recovery may be had therein by scire facias, as in other cases of forfeiture. The justice court judge or other conservator of the peace shall also issue an alias warrant for the defaulter.
(2) In circumstances involving an offense against any of the following: (a) a current or former spouse of the accused or child of that person; (b) a person living as a spouse or who formerly lived as a spouse with the accused or a child of that person; (c) a parent, grandparent, child, grandchild or someone similarly situated to the accused; (d) a person who has a current or former dating relationship with the accused; or (e) a person with whom the accused has had a biological or legally adopted child, the justice court judge or other conservator of the peace shall check, or cause to be made a check, of the status of the person for whom recognizance or bond is taken before ordering bail in the Mississippi Protection Order Registry authorized under Section 93-21-25, and the existence of a domestic abuse protection order against the accused shall be considered when determining appropriate bail.
SECTION 13. Section 99-5-13, Mississippi Code of 1972, is amended as follows:
99-5-13. Except as otherwise provided in Sections 1 through 11 of this act, when it shall appear to the committing court or the court before which any person charged with a criminal offense has given bail to appear is insufficient or excessive in any respect, the court may (i) after a hearing, order the issuance of a revised mittimus reducing the previously set bail; or (ii) order the issuance of process for the arrest of such person, and may, after a hearing, require him to give bail as may be ordered, and, in default thereof, may commit him to jail as in other cases.
SECTION 14. Section 99-5-15, Mississippi Code of 1972, is amended as follows:
99-5-15. Except as otherwise provided in Sections 1 through 11 of this act, it is the duty of the sheriff or other officer having custody of such defendant, upon his compliance with the order of the committing court or officer, to release him from custody; and he shall approve the sureties on the bond, except admitted and authorized fidelity and surety insurance companies acting as surety, and for that purpose may examine them on oath, or take their affidavit in writing, and may administer such oath.
SECTION 15. Section 99-5-25, Mississippi Code of 1972, is amended as follows:
99-5-25. (1) (a) The purpose of bail is to guarantee appearance and a bail bond shall not be forfeited for any other reason.
(b) If a defendant in any criminal case, proceeding or matter fails to appear for any proceeding as ordered by the court, then the court shall order the bail forfeited and a judgment nisi and a bench warrant issued at the time of nonappearance. The clerk of the court shall notify the surety of the forfeiture by writ of scire facias, with a copy of the judgment nisi and bench warrant attached thereto, within ten (10) working days of such order of judgment nisi either by personal service or by certified mail. Failure of the clerk to provide the required notice within ten (10) working days shall constitute prima facie evidence that the order should be set aside. Any felony warrant issued by a court for nonappearance shall be put on the National Crime Information Center (NCIC) until the defendant is returned to custody.
(c) The judgment nisi shall be returnable for ninety (90) days from the date of issuance. If during such period the defendant appears before the court, or is arrested and surrendered, then the judgment nisi shall be set aside and a copy of the judgment that is set aside shall be served on the surety by personal service or certified mail. If the surety produces the defendant or provides to the court reasonable mitigating circumstances upon such showing, then the forfeiture shall not be made final. If the forfeiture is made final, a copy of the final judgment shall be served on the surety within ten (10) working days by either personal service or certified mail. Reasonable mitigating circumstances shall be that the defendant is incarcerated in another jurisdiction, that the defendant is hospitalized under a doctor's care, that the defendant is in a recognized drug rehabilitation program, that the defendant has been placed in a witness protection program and it shall be the duty of any such agency placing such defendant into a witness protection program to notify the court and the court to notify the surety, or any other reason justifiable to the court.
(d) Execution upon the final judgment shall be automatically stayed for ninety (90) days from the date of entry of the final judgment. If, at any time before execution of the final judgment, the defendant appears in court either voluntarily or in custody after surrender or arrest, the court shall on its own motion direct that the forfeiture be set aside and the bond exonerated as of the date the defendant first appeared in court.
(2) If a final judgment is entered against a surety licensed by the Department of Insurance and has not been set aside after ninety (90) days, or later if such time is extended by the court issuing the judgment nisi, then the court shall order the department to revoke the authority of the surety to write bail bonds. The commissioner shall, upon notice of the court, notify the surety within five (5) working days of receipt of revocation. If after ten (10) working days of such notification the revocation order has not been set aside by the court, then the commissioner shall revoke the authority of the surety and all agents of the surety and shall notify the sheriff of every county of such revocation.
(3) If within eighteen (18) months of the date of the final forfeiture the defendant appears for court, is arrested or surrendered to the court, or if the defendant is found to be incarcerated in another jurisdiction and a hold order placed on the defendant, then the amount of bail, less reasonable extradition cost, excluding attorney fees, shall be refunded by the court upon application by the surety.
(4) Bail shall comply with Sections 1 through 11 of this act.
SECTION 16. Section 99-5-27, Mississippi Code of 1972, is amended as follows:
99-5-27. (1) (a) "Surrender" means the delivery of the defendant, principal on bond, physically to the sheriff or chief of police or in his absence, his jailer, and it is the duty of the sheriff or chief of police, or his jailer, to accept the surrender of the principal when presented and such act is complete upon the execution of verbal or written surrender notice presented by a bail agent and shall relieve the bail agent of liability on the principal's bond.
(b) A bail agent may surrender the principal if the principal is found to be detained on another charge. If the principal is found incarcerated in another jurisdiction, the bail agent may surrender him by verbal or written notice of surrender to the sheriff or chief of police, or his jailer, of that jurisdiction and the notice of surrender shall act as a "hold order" and upon presentation of written surrender notice to the court of proper jurisdiction, the court shall order a "hold order" placed on the principal for the court and shall relieve the bail agent of liability on the principal's bond, with the provision that, upon release from incarceration in the other jurisdiction, return of the principal to the sheriff shall be the responsibility of the bail agent. The bail agent shall satisfy the responsibility to return a principal held by a "hold order" in another jurisdiction upon release from the other jurisdiction either by personally returning the principal to the sheriff at no cost to the county or, where the other jurisdiction will not release the principal to any person other than a law enforcement officer, by reimbursing to the county the reasonable cost of the return of the principal, not to exceed the cost that would be entailed if the first option were available.
(c) The surrender of the principal by the bail agent, within the time period provided in Section 99-5-25, shall serve to discharge the bail agent's liability to the State of Mississippi and any of its courts; but if this is done after forfeiture of the bond or recognizance, the court shall set aside the judgment nisi or final judgment upon filing of surrender notice by the bail agent.
(2) (a) A bail agent, at any time, may surrender the principal to any law enforcement agency or in open court in discharge of the bail agent's liability on the principal's bond if the law enforcement agency that was involved in setting the original bond approves of such surrender, to the State of Mississippi and any of its courts and at any time may arrest and transport its principal anywhere or may authorize another to do so, may be assisted by any law enforcement agency or its agents anywhere upon request of bail and may receive any information available to law enforcement or the courts pertaining to the principal for the purpose of safe surrender or for any reasonable cause in order to safely return the principal to the custody of law enforcement and the court.
(b) A bail agent, at any time, may arrest its principal anywhere or authorize another to do so for the purpose of surrender of the principal on bail bond. Failure of the sheriff or chief of police or his jailer, any law enforcement agency or its agents or the court to accept surrender by a bail agent shall relieve the bail agent of any liability on the principal's bond, and the bond shall be void.
(3) A bail agent, at any time, upon request by the defendant or others on behalf of the defendant, may privately interview the defendant to obtain information to help with surrender before posting any bail bond on behalf of the defendant. All licensed bail agents shall have equal access to jails or detention facilities for the purpose of such interviews, the posting of bail bonds and the surrender of the principal.
(4) Upon surrender, the court, after full review of the defendant and the pending charges, in open court, may discharge the prisoner on his giving new bail, but if he does not give new bail, he shall be detained in jail.
(5) Bail shall comply with Sections 1 through 11 of this act.
SECTION 17. Section 99-5-31, Mississippi Code of 1972, is amended as follows:
99-5-31. Except as
otherwise provided in Sections 1 through 11 of this act, when a defendant
charged with a criminal offense shall be committed to jail by a court, judge,
justice or other officer, for default in not giving bail, it is the duty of
such court or officer to state in the mittimus the nature of the offense, the
county where committed, the amount of bail, and number of sureties required,
and to direct the sheriff of the county where such party is ordered to be
confined, to release him * * * on his entering into bond as required by the
order of the court or committing officer; and this shall apply to a case where,
on habeas corpus, an order for bail may be made.
SECTION 18. Section 99-5-33, Mississippi Code of 1972, is amended as follows:
99-5-33. Except as otherwise provided in Sections 1 through 11 of this act, if a person be dangerously wounded, the party accused shall be committed to prison until it be known whether the person wounded will recover or not, unless it appear to the court of inquiry that the case, in any event, would not amount to murder; in which case, or in the event that the person wounded do or will recover, the accused shall be dealt with as in other cases.
SECTION 19. Section 99-5-35, Mississippi Code of 1972, is amended as follows:
99-5-35. Except as otherwise provided in Sections 1 through 11 of this act, any person having been twice tried on an indictment charging a capital offense, wherein each trial has resulted in a failure of the jury to agree upon his guilt or innocence, shall be entitled to bail in an amount to be set by the court.
SECTION 20. Section 99-5-37, Mississippi Code of 1972, is amended as follows:
99-5-37. (1) In any arrest for (a) a misdemeanor that is an act of domestic violence as defined in Section 99-3-7(5); (b) aggravated domestic violence as defined in Section 97-3-7(4); (c) aggravated stalking as defined in Section 97-3-107(2); (d) a knowing violation of a condition of bond imposed pursuant to this section; or (e) a knowing violation of a domestic abuse protection order issued pursuant to Section 93-21-1 et seq., or a similar order issued by a foreign court of competent jurisdiction for the purpose of protecting a person from domestic abuse, no bail shall be granted until the person arrested has appeared before a judge of the court of competent jurisdiction. The appearance may be by telephone. Nothing in this section shall be construed to interfere with the defendant's right to an initial appearance or preliminary hearing.
(2) Upon setting bail, the judge may impose on the arrested person a holding period not to exceed twenty-four (24) hours from the time of the initial appearance or setting of bail. The judge also shall give particular consideration to the exigencies of the case, including, but not limited to, (a) the potential for further violence; (b) the past history, if any, of violence between the defendant and alleged victim; (c) the level of violence of the instant offense; (d) any threats of further violence; and (e) the existence of a domestic violence protection order prohibiting the defendant from engaging in abusive behavior, and shall impose any specific conditions on the bond as he or she may deem necessary. Specific conditions which may be imposed by the judge may include, but are not limited to, the issuance of an order prohibiting the defendant from contacting the alleged victim prior to trial, prohibiting the defendant from abusing or threatening the alleged victim or requiring defendant to refrain from drug or alcohol use.
(3) All bond conditions imposed by the court shall be entered into the corresponding Uniform Offense Report and written notice of the conditions shall be provided at no cost to the arrested person upon his or her release, to the appropriate law enforcement agency, and to the clerk of the court. Upon request, a copy of the written notice of conditions shall be provided at no cost to the victim. In any prosecution for violation of a bond condition imposed pursuant to this section, it shall not be a defense that the bond conditions were not entered into the corresponding Uniform Offense Report.
(4) Within twenty-four (24) hours of a violation of any bond conditions imposed pursuant to this section, any law enforcement officer having probable cause to believe that the violation occurred may make a warrantless arrest of the violator.
(5) Nothing in this section shall be construed to interfere with the judges' authority, if any, to deny bail or to otherwise lawfully detain a particular defendant.
(6) Bail shall comply with Sections 1 through 11 of this act.
SECTION 21. Section 99-5-38, Mississippi Code of 1972, is amended as follows:
99-5-38. (1) (a) "Domestic violence" has the same meaning as the term "abuse" as defined in Section 93-21-3.
(b) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology or any other similar technology that is implanted in or otherwise invades or violates the individual's body.
(2) The court may require as a condition of release on bond that a defendant charged with an offense involving domestic violence:
(a) Refrain from going to or near a residence, school, place of employment, or other location, as specifically described in the bond, frequented by an alleged victim of the offense;
(b) Carry or wear a global positioning monitoring system device and, except as provided by subsection (8), pay the costs associated with operating that system in relation to the defendant; or
(c) If the alleged victim of the offense consents after receiving the information described by subsection (4) and, except as provided by subsection (8), pay the costs associated with providing the victim with an electronic receptor device that:
(i) Is capable of receiving the global positioning monitoring system information from the device carried or worn by the defendant; and
(ii) Notifies the victim if the defendant is at or near a location that the defendant has been ordered to refrain from going to or near under paragraph (a).
(3) Before imposing a condition described by subsection (2)(a), the court must afford an alleged victim an opportunity to provide the court with a list of areas from which the victim would like the defendant excluded and shall consider the victim's request, if any, in determining the locations the defendant will be ordered to refrain from going to or near. If the court imposes a condition described by subsection (2)(a), the court shall specifically describe the locations that the defendant has been ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations.
(4) Before imposing a condition described by subsection (2)(c), the court must provide to an alleged victim information regarding:
(a) The victim's right to participate in a global positioning monitoring system or to refuse to participate in that system and the procedure for requesting that the court terminate the victim's participation;
(b) The manner in which the global positioning monitoring system technology functions and the risks and limitations of that technology, and the extent to which the system will track and record the victim's location and movements;
(c) Any locations that the defendant is ordered to refrain from going to or near and the minimum distances, if any, that the defendant must maintain from those locations;
(d) Any sanctions that the court may impose on the defendant for violating a condition of bond imposed under this section;
(e) The procedure that the victim is to follow, and support services available to assist the victim, if the defendant violates a condition of bond or if the global positioning monitoring system equipment fails;
(f) Community services available to assist the victim in obtaining shelter, counseling, education, child care, legal representation, and other assistance available to address the consequences of domestic violence; and
(g) The fact that the victim's communications with the court concerning the global positioning monitoring system and any restrictions to be imposed on the defendant's movements are not confidential.
(5) In addition to the information described by subsection (4), the court shall provide to an alleged victim who participates in a global positioning monitoring system under this section the name and telephone number of an appropriate person employed by a local law enforcement agency who the victim may call to request immediate assistance if the defendant violates a condition of bond imposed under this section.
(6) In determining whether to order a defendant's participation in a global positioning monitoring system under this section, the court shall consider the likelihood that the defendant's participation will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the alleged victim before trial.
(7) An alleged victim may request that the court terminate the victim's participation in a global positioning monitoring system at any time. The court may not impose sanctions on the victim for requesting termination of the victim's participation in or refusing to participate in a global positioning monitoring system under this section.
(8) The court may allow a defendant to perform community service in lieu of paying the costs required by subsection (2)(b) or (c) if the court determines that the defendant is indigent.
(9) The court that imposes a condition described by subsection (2)(a) or (b) shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under this section.
(10) This section does not limit the authority of the court to impose any other reasonable conditions of bond or enter any orders of protection under other applicable statutes.
(11) Bail shall comply with Sections 1 through 11 of this act.
SECTION 22. Section 99-5-39, Mississippi Code of 1972, is amended as follows:
99-5-39. (1) As a condition of any probation, community control, payment plan for any fine imposed or any other court ordered supervision, the court may order the posting of a bond to secure the appearance of the defendant at any subsequent court proceeding or to otherwise enforce the orders of the court. The appearance bond shall be filed by a duly licensed professional bail agent with the court or with the sheriff who shall provide a copy to the clerk of the court.
(2) The court may issue an order sua sponte or upon notice by the clerk or the probation officer that the person has violated the terms of probation, community control, court ordered supervision or other applicable court order to produce the defendant. The court or the clerk of the court shall give the bail agent a minimum of a seventy-two-hour notice to have the defendant before the court. If the bail agent fails to produce the defendant in court or to the sheriff at the time noticed by the court or the clerk of the court, the bond shall be forfeited according to the procedures set forth in Section 99-5-25. The defendant's failure to appear shall be the sole grounds for forfeiture of the appearance bond.
(3) The provisions of Sections 83-39-1 et seq. and 99-5-1 et seq. shall govern the relationship between the parties except where they are inconsistent with this section.
(4) Bail shall comply with Sections 1 through 11 of this act.
SECTION 23. Section 99-35-1, Mississippi Code of 1972, is amended as follows:
99-35-1. Except as otherwise provided in Sections 1 through 11 of this act, in all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county, in counties in which a county court is in existence, or the circuit court of the county, in counties in which a county court is not in existence, which shall stay the judgment appealed from. Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal. The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
On appearance of the appellant in the circuit court the case shall be tried anew and disposed of as other cases pending therein.
SECTION 24. Section 99-35-3, Mississippi Code of 1972, is amended as follows:
99-35-3. Except as otherwise provided in Sections 1 through 11 of this act, the appellant if sentenced to imprisonment for an offense or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment pending his appeal, by giving bond with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the justice court judge or municipal judge, payable to the state in the penalty of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), except for the violation of any of the criminal statutes of Mississippi prohibiting the sale and possession of intoxicating liquors, when the bond shall not be less than One Hundred Fifty Dollars ($150.00), nor more than One Thousand Dollars ($1,000.00), to be determined by the justice court judge or municipal judge in reference to the grade of the offense as indicated by the judgment and ability of the appellant to give bond, conditioned to appear before the appellate court at the next term after such appeal shall be taken, to answer to the charge against him, and so to continue until discharged. On default of defendant a forfeiture shall be entered against him and his sureties.
SECTION 25. Section 99-35-5, Mississippi Code of 1972, is amended as follows:
99-35-5. Except as otherwise provided in Sections 1 through 11 of this act, the sheriff of any county is empowered and directed to take an appeal bond in any case of a conviction of a misdemeanor before a justice of the peace of his county, and upon the prisoner or his attorney furnishing a valid appeal bond, and the sheriff taking and approving the same, he shall discharge the appellant from custody, turn over the bond to the circuit clerk and notify the justice of the peace that an appeal has been taken and direct him to send up all papers to the next term of the circuit court in the same manner as if the appeal bond had been filed with the justice from whose judgment the appeal was taken. Nothing in this section shall prevent a justice of the peace from accepting and receiving appeal bonds as provided by law, but the sheriff shall have power concurrent with the justice of the peace of their counties in all matters pertaining to the taking of appeal bonds in similar cases.
SECTION 26. Section 99-35-7, Mississippi Code of 1972, is amended as follows:
99-35-7. Except as otherwise provided in Sections 1 through 11 of this act, any person who shall have been convicted of a criminal offense against the laws of this state, by the judgment of a justice court, or by a municipal court for the violation of an ordinance of the municipality, who by reason of his poverty is not able to give bond as prescribed in Section 99-35-3, may nevertheless appeal from such conviction on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment, nor discharge the appellant from custody, but the judgment shall be executed as if an appeal had not been taken, unless the presiding judge of the appellate court shall, for good reason, see fit to stay the execution of the judgment rendered by the court below by ordering the release of the defendant on his own recognizance, and this shall not affect the trial of the case anew in the appellate court.
SECTION 27. Section 99-35-9, Mississippi Code of 1972, is amended as follows:
99-35-9. Except as otherwise provided in Sections 1 through 11 of this act, the clerk of the justice court or municipal court from which judgment convicting of a criminal offense an appeal shall be taken shall at once transmit to the clerk of the circuit court the bond taken and a certified copy of the record of the case, with all the original papers in the case, as in appeals in civil cases. If an appeal be taken from a judgment convicting of a criminal offense, during a session of the circuit court of the county, the transcript and papers shall be returned to, and the case triable at that term of the court, and the bond shall bind the defendant accordingly, and the clerk of the circuit court shall docket the case on the state docket, and shall be entitled to like fees as in other cases. The judge setting the bond shall be liable for the amount of the bond, if he fails to require a good and sufficient one. The clerk of the justice court or municipal court shall make up the transcript of the record and transmit the same to the circuit clerk within ten (10) days after the appeal bond is given.
SECTION 28. Section 99-35-11, Mississippi Code of 1972, is amended as follows:
99-35-11. Except as otherwise provided in Sections 1 through 11 of this act, when an appeal is presented to the circuit court in any criminal case from the judgment or sentence of a justice of the peace or municipal court, it shall be permissible, on application of the state or party prosecuting, to amend the affidavit, pleading, or proceedings at any time before a verdict so as to bring the merits of the case fairly to trial on the charge intended to be set out in the original affidavit; the amendment to be made on such terms as the court may consider proper.
SECTION 29. Section 99-35-13, Mississippi Code of 1972, is amended as follows:
99-35-13. Except as otherwise provided in Sections 1 through 11 of this act, in the event there is an acquittal or the case is nolle prosequi, the order of the court shall direct that any fine or forfeiture paid in the lower court be remitted, and a certified copy of the said order shall be sufficient authority for the remittance of said fine or forfeiture by the board of supervisors in the event the case was appealed from a judgment of a justice of the peace, or by the governing authorities of a municipality in the event the case was appealed from a judgment of a mayor or police justice of a city, town or village.
SECTION 30. Section 99-35-101, Mississippi Code of 1972, is amended as follows:
99-35-101. Except as otherwise provided in Sections 1 through 11 of this act, any person convicted of an offense in a circuit court may appeal to the Supreme Court. However, where the defendant enters a plea of guilty and is sentenced, then no appeal from the circuit court to the Supreme Court shall be allowed.
SECTION 31. Section 99-35-103, Mississippi Code of 1972, is amended as follows:
99-35-103. Except as otherwise provided in Sections 1 through 11 of this act, the state or any municipal corporation may prosecute an appeal from a judgment of the circuit court in a criminal cause in the following cases:
(a) From a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime; but such appeals shall not bar or preclude another prosecution of the defendant for the same offense.
(b) From a judgment actually acquitting the defendant where a question of law has been decided adversely to the state or municipality; but in such case the appeal shall not subject the defendant to further prosecution, nor shall the judgment of acquittal be reversed, but the Supreme Court shall nevertheless decide the question of law presented.
(c) From a ruling adverse to the state or municipality in every case in which the defendant is convicted and prosecutes an appeal; and the case shall be treated as if a cross appeal had been formally presented by the state. All questions of law thus presented shall be decided by the Supreme Court.
SECTION 32. Section 99-35-109, Mississippi Code of 1972, is amended as follows:
99-35-109. Except as otherwise provided in Sections 1 through 11 of this act, in all cases of conviction of a misdemeanor, an appeal taken shall stay the judgment appealed from. The appellant, if sentenced to imprisonment for his offense, or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment, pending his appeal, by paying the trial court costs and giving bond, with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the clerk of the court from which the appeal is taken, payable to the state in the penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), to be determined by such clerk, with reference to the grade of the offense, as indicated by the judgment, and the ability of the appellant to give bond, conditioned to surrender himself to the sheriff of the county to suffer the judgment or sentence, if it shall be affirmed by the Supreme Court, within one (1) week after the judgment of affirmance shall be certified to the circuit court, or to appear before the circuit court at the next term after a judgment of reversal in such case shall be certified to the circuit court, to answer the charge of the state, and so to continue until discharged.
SECTION 33. Section 99-35-111, Mississippi Code of 1972, is amended as follows:
99-35-111. Except as otherwise provided in Sections 1 through 11 of this act, the circuit judge of the district or presiding on the trial, or a supreme judge, may, in any case, fix the amount of the bond to be given under Section 99-35-109, and the clerk shall act accordingly. Any such bail bond shall be filed by the clerk, and carefully preserved among the papers of the case.
SECTION 34. Section 99-35-113, Mississippi Code of 1972, is amended as follows:
99-35-113. Except as otherwise provided in Sections 1 through 11 of this act, if the judgment in a case of misdemeanor be affirmed, and the appellant shall not surrender himself to the proper sheriff, according to the condition of his bail-bond, or shall not appear before the circuit court as the case may require, said court shall proceed as in any other case of forfeited bail-bond. All proper process shall be issued to enforce the judgment of the Supreme Court in the case by the clerk of the circuit court.
SECTION 35. Section 99-35-115, Mississippi Code of 1972, is amended as follows:
99-35-115. (1) Except as otherwise provided in Sections 1 through 11 of this act, a person convicted of felony child abuse, sexual battery of a minor or any offense in which a sentence of death or life imprisonment is imposed shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court.
(2) (a) Except as otherwise provided in Sections 1 through 11 of this act, a person convicted of any felony, not enumerated in subsection (1), shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, within the discretion of a judicial officer, if the convict shows by clear and convincing evidence that release of the convict would not constitute a special danger to any other person or to the community, and that a condition or a combination of conditions may be placed on release that will reasonably assure the appearance of the convict as required, and only when the peculiar circumstances of the case render it proper.
(b) If bail is denied, the judicial officer shall place the reasons for such denial of record in the case.
(c) For the purposes of this section, "judicial officer" means the trial court or trial judge, a judge of the district in which the conviction occurred, the Supreme Court or a justice of the Supreme Court in vacation of the court.
(d) The victim or family of a victim shall be entitled to submit a written statement objecting to the granting of release on bail pending appeal.
SECTION 36. Section 99-35-117, Mississippi Code of 1972, is amended as follows:
99-35-117. Except as otherwise provided in Sections 1 through 11 of this act, where an order shall be made as provided in Section 99-35-115, the court or judge shall designate the amount of the bond to be given; and the clerk of the court where the conviction was had shall take bond of the appellant with resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by him, in the sum fixed by the order, payable to the state, and conditioned for the appearance of the party in the Supreme Court and circuit court to abide by and perform such sentence or judgment as may be rendered in the case; or the Supreme Court or circuit court, or any judge of either court making such order for bail, may take and approve the bond required to be given, or it may be taken by the sheriff in whose custody such prisoner may be, and shall be sent to the Supreme Court. All the provisions of this chapter on the subject of bail, as far as applicable, shall be applicable to bail for the appearance of any person before the Supreme Court.
SECTION 37. Section 99-35-119, Mississippi Code of 1972, is amended as follows:
99-35-119. Except as otherwise provided in Sections 1 through 11 of this act, if the appellant in a case of felony do not appear, according to the conditions of his bail bond, before the Supreme Court to receive judgment, the court shall proceed as a circuit court is required to do in case of a failure of a party bound to appear in like cases, and may issue the proper process, and may render judgment, and enforce it by execution, and may issue process to any county for the arrest of the appellant, and have him brought before the court to receive judgment.
SECTION 38. Section 99-35-129, Mississippi Code of 1972, is amended as follows:
99-35-129. Except as otherwise provided in Sections 1 through 11 of this act, the sentence of the Supreme Court in all criminal cases brought before it shall be executed in like manner as if passed by the court in which the prosecution originated. It shall not be necessary to bring any person charged with a criminal offense before the Supreme Court; but his appeal may be prosecuted by counsel.
SECTION 39. This act shall take effect and be in force from and after July 1, 2019.
